Preservation of assets

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Practice notes
Pension attachment ordersThe power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 19th May
Practice notes
Notice to show cause applications in family proceedingsIf one party considers that an agreement has been reached (usually in relation to financial...
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19th May
Practice notes
The grounds on which a marriage is voidableA decree of nullity granted after 31 July 1971 in respect of a voidable marriage operates to annul the...
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19th May
Practice notes
DesertionThe Family Procedure Rules 2010, SI 2010/2955 (FPR 2010) have introduced a change in the terminology in divorce proceedings. There are...
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19th May
Practice notes
Permission to apply for a section 8 orderCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...
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19th May
Practice notes
Sears Tooth agreementsThe Family Procedure Rules 2010, SI 2010/2955, 1.1 sets out the overriding objective, including that dealing with a case justly...
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19th May
Practice notes
Procedure for an application for an occupation orderProcedure for an application for an occupation order—Covid-19In the exceptional circumstances of...
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19th May
Practice notes
Occupation ordersCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the...
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19th May
Practice notes
Applications under the Protection from Harassment Act 1997Coronavirus (COVID-19): Guidance has been issued, including by HMCTS, regarding proceedings...
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19th May
Precedents
Dear [insert organisation][insert case name] [insert case reference number]We enclose our client’s application for decree nisi to be made absolute.The...
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19th May
Practice notes
Void and voidable marriagesThe Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars...
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19th May
Practice notes
Freezing orders (Mareva)—family proceedingsA freezing order (formerly termed a Mareva injunction or order) is an interim injunction restraining a...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 19th May
Practice notes
General principles—lump sum ordersThis Practice Note sets out the general principles to be applied by the court when considering whether to make a...
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19th May
Precedents
In the Family CourtSitting at [court name]No: [case number][The Matrimonial Causes Act 1973ORThe Civil Partnership Act 2004ORThe Child Support Act...
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19th May
Practice notes
Application to vary, extend or discharge a non-molestation or occupation orderCoronavirus (COVID-19): Guidance has been issued, including by the...
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19th May

Most recent Preservation of assets content

Q&As
Can a non-owning former spouse register an interest in the matrimonial home after the divorce has been concluded but before a financial remedy order...
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1st Aug
Q&As
Are there any particular requirements for the appointment of a receiver in family proceedings? Can a receiver be appointed as an interim measure...
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1st Aug
Practice notes
Procedure for an interim remedy under FPR 2010, Pt 20Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 31st Jul
Practice notes
Search orders (Anton Piller)—family proceedingsBackgroundIn exceptional circumstances the court may make a search order that allows the applicant's...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 31st Jul
Practice notes
Restraining a party from leaving the jurisdictionWhere a party wishes to enforce an order, and the respondent intends to leave the jurisdiction of the...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 31st Jul
Practice notes
Freezing orders (Mareva)—family proceedingsA freezing order (formerly termed a Mareva injunction or order) is an interim injunction restraining a...
Read More >
Produced in partnership with David Salter of Deputy High Court judge and Recorder 31st Jul
Practice notes
Applications to set aside past dealings—MCA 1973, s 37Setting asideWhere a party considers that the other party has disposed of assets to a third...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 31st Jul
Practice notes
Applications to restrain future dealing—MCA 1973, s 37Great care should be taken when dealing with an application to preserve assets. An...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 31st Jul
Practice notes
Interim orders under FPR 2010, Pt 20Available remediesPart 20 of the Family Procedure Rules 2010, SI 2010/2955 (FPR 2010) sets out a wide range of...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 31st Jul
Precedents
Standard order 3.2—search order—family proceedingsNote: On 30 November 2017, the then President of the Family Division, Sir James Munby, issued...
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30th Jul
Precedents
Standard order 3.1—freezing order—family proceedingsNote that on 30 November 2017, the President of the Family Division, Sir James Munby, issued...
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30th Jul

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